Subject: SR-NASDAQ-2023-045
From: Mattias Ekman
Affiliation:

Apr. 3, 2024

Hello, you asked for comments on the Ethereum ETF. I recommend you check out this patent first and discuss it with your lawyers. 

Here are some links to catch you guys up to speed on what has happened since the SEC charged the patent owner for "talking about this patent like it was going to get approved". 

The patent got approved after he was forced to settle, so the SEC cashed in on it even tho the patent got approved. 


It's the Defi patent and cover most things in the Defi space, potentially even ETFs. 


Just wanted to make you aware of the potential liabilities for approving unlicensed ETFs, depending on how they are set up with patented technologies such as cold storage etc. 

I personally hope you just approve the ETFs like you did with the Bitcoin ETFs and see what happens, but thought you should know so you won't fly blind all over again. 


https://patents.google.com/patent/US11196566B2/en?oq=US11196566 


https://portal.unifiedpatents.com/ptab/case/IPR2023-00751 


https://www.pacermonitor.com/public/case/46194896/Veritaseum_Capital,_LLC_v_Coinbase_Global,_Inc 


https://www.pacermonitor.com/public/case/47311065/Veritaseum,_Capital_LLC_v_Circle_Internet_Financial_Limited_et_al